If you die without a valid Rhode Island will, a probate court will distribute your property according to state laws called “intestate succession” laws. The Rhode Island intestate succession laws state that if you have a surviving spouse, they have the right to claim $150,000 of the real estate you leave behind. Your spouse can also use the real estate for the rest of their lifetime. Your spouse then inherits $50,000 of your personal property and half of the remaining balance.

After the spouse has received their share, your remaining property would go to your surviving children, if any. Your property would then go to other surviving close relatives. If there were none, your property would go to increasingly distant relatives.

If you would like to avoid the intestate succession laws, you should create a will. Your will enables you to distribute your property in the way that best suits your family rather than relying on the state’s default laws. With FindLaw, you can easily create your Rhode Island will from the convenience and comfort of home.

A last will and testament is the primary estate planning document. You can use your will to distribute your property and name guardians for minor children.

A living will is a legal document you use to specify your decisions on medical procedures and treatments in advance. Through your living will, you can decide whether you would want your medical providers to use a life-sustaining procedure if you had a terminal condition.

A Rhode Island living will only becomes valid if you cannot make medical care decisions for yourself. If this were to happen, your family and treatment providers would follow your living will when deciding on any medical procedure that prolongs life.

If you get married after you sign your will, Rhode Island law automatically revokes your will. The exception to this would be if it is clear that you wrote your will knowing that you were going to get married.

A divorce does not invalidate your entire will, but it does affect certain provisions. If you left anything to your spouse in your will, those gifts are revoked by the divorce unless it is clear that you wrote your will knowing you would get divorced.

If you get married or go through a divorce after signing your will, the best plan is to create a new will to make your wishes clear.

You can change your will by writing a new will or by writing an amendment (known as a “codicil“). A codicil is sufficient if you are making very minor changes to your will.

If you need to do a significant revision of your will, you should create a new will. When you go through major life events, you may want to change the way your will distributes your property. You may even want to add or remove beneficiaries from your will.

After any significant life events, you may want to draft a new will. Make sure to let your loved ones know about your new will and give a copy to your executor. If you create a will through FindLaw, you can make unlimited changes to it for a full year after purchase.

To completely revoke a will, you can:

• Write a new will that revokes your prior will
• Tear up, burn, or otherwise physically destroy your will with the intention to revoke
• Create a new written document that states your intention to revoke your will. This document should be signed with the same witnessing formalities as the will itself.

Whether you created a new will or revoked your will completely, you should make sure that your loved ones, executor, and attorney (if you have one) know about the changes to your estate plan.